Legal Opinion

Elk Garden Co. v. T. W. Thayer Co.

U.S. Circuit Court for the District of Western Virginia

Decided May 10, 1910PublishedCited by 8 opinions

Action of ejectment by the Elk Garden Company against the T. W. Thayer Company. On demurrer to declaration for want of jurisdiction.

1Opinion of the Court

McDOWELL, District Judge.

This is an action of ejectment brought originally in this court to recover a tract of land lying in this district. The plaintiff is a New Jersey corporation, and the defendant is a New York corporation. In accordance with the state statute the declaration and notice were served in this district on an agent of the defendant who had been designated by the defendant under the state law as its agent for the service of process. The defendant appears specially for the purpose, and demurs to the declaration for want of jurisdiction.

1. Ejectment is a local action (5 Words and…

2Cases cited21 opinions

  1. Ex Parte SchollenbergerSupreme Court of the United States · 1878
  2. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  3. Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
  4. Crawford v. BurkeSupreme Court of the United States · 1904
  5. Railroad Company v. HarrisSupreme Court of the United States · 1871

16 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Western Union Telegraph Co. v. Louisville & N. R.District Court, E.D. Tennessee · 1912
  2. French v. Clinchfield Coal Co.District Court, D. Delaware · 1976
  3. McKinney v. MiresMontana Supreme Court · 1933
  4. Kentucky Coal Lands Co. v. Mineral Development Co.Court of Appeals for the Sixth Circuit · 1914
  5. Kentucky Coal Lands Co. v. Mineral Development Co.U.S. Circuit Court for the District of Kentucky · 1911

3 more not listed; retrieve them via the Exa API.

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